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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42870
Experience:  Texas Attorney for 30 years dealing in real estate
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I served a subpoena requesting production of documents on a

Customer Question

I served a subpoena requesting production of documents on a non party. The attorney for the non party, who also happens to be the attorney for the defendant, sent me an Objection claiming the subpoena was vague, broad, burdensome etc. but the request was very narrow, only four items know to exist and easily available. In the objection the non party states they will make an effort to comply anyway.The objection seems frivolous on its face. I cannot figure out why they are objecting or what they are trying to accomplish. Why did they object? And should I do a Motion to Compel anyway?
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Ray replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 1 month ago.

Tell him to file his motion to quash with the court and you may respond and ask for hearing on the matter.Court should rule on this, as you state this is weak at best.Four items is not that much and the court likely agrees with you and denies their motion.Make them argue it to the court.If they don't file here then your next step is a motion to compel t for failure to produce the documents.Don't let these guys intimidate you from getting what you need here.You are correct their response appear frivolous.

I appreciate the chance to help you tonight.Thanks.

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Customer: replied 1 month ago.
there have been several prior intimidation maneuvers and one was successful where I withdrew a previous motion to compel on threat of sanctions (for serving by mail). Anyway this is the 2nd go around. Don't think they will move to quash. Should I just wait to see what they send (a month from now) or move to Compel now in attempt to correct their pattern behavior?
Expert:  Ray replied 1 month ago.

Yes wait and see what they do here you are building a good contempt case if necessary.